Committee
Against Torture, Consideration of reports submitted by States Parties under
article 19 of the Convention, Nepal, U.N. Doc. CAT/C/16/Add.3 (1993).

CONSIDERATION
OF REPORTS SUBMITTED BY STATES PARTIES UNDER ARTICLE 19 OF
THE CONVENTION

Initial reports of States Parties due in 1992

Addendum

NEPAL

[30 September
1993]

I. GENERAL INFORMATION

1.
After the restoration of democracy in 1990, His Majesty's
Government of Nepal has highly honoured and valued the human
rights issues in Nepal. The Constitution of the Kingdom of
Nepal, 1990 has guaranteed the fundamental rights of people
including the right to criminal justice. This right has been
stipulated under part 2, article 14, sub-article (4) of the
Constitution. According to this right, nobody remaining in
detention during an investigation, inquiry or prosecution
will be subjected to physical or mental torture, and cruel,
inhuman or degrading treatment. Again, this constitutional
article has further guaranteed the compensation to be paid
to those who have suffered unjustly. A Compensation Bill has
been tabled at the current session of Parliament. Under this
legal framework all kinds of torture and other cruel or inhuman
treatment or punishment have been totally prohibited. If such
happened, the person concerned would be compensated by law.
All acts of torture are to be made punishable by appropriate
penalties.

2.
Nepal is a party to this Convention.

3.
During the reporting period, the Government had envisaged
the legal framework against torture and other cruel, inhuman
or degrading treatment or punishment.

4.
Field or related administrators, officials and police personnel
have been indoctrinated, trained or given orientation against
torture and other cruel, inhuman or degrading treatment or
punishment. Traditional administrative aberrations, widespread
illiteracy, widespread lack of awareness, the early stage
of the exercise of democracy etc. have become hindering factors
and present practical difficulties affecting the degree to
which obligations under the Convention can be fulfilled.

II. INFORMATION IN RELATION TO ARTICLES OF THE CONVENTION

5.
His Majesty's Government and its administrative organs, central
to local levels, have strictly intended to follow the norms
against torture and other cruel treatment or punishment. The
present situation is immensely reformed, consolidated and
improved. Due to the paucity of resources adequate technical
skills and physical facilities are lacking, so that works
have to be undertaken with outdated equipment.

6.
In accordance with article 3, Nepal has given asylum to 100,000
refugees from Bhutan where there are substantial grounds for
believing that these refugees would possibly face persecution.
These asylum-seekers are not expelled, extradited nor are
they forcibly turned back at the border. Hundreds of refugees
who claimed to be victims of torture or rape in their own
country have been given shelter/asylum in Nepalese territory.
Similarly, about 15,000 Tibetan refugees have been receiving
shelter inside the Kingdom for many years.

7.
In accordance with article 10, Nepal ensures that education,
information and guidelines regarding the prohibition against
torture are included in the training of law enforcement personnel,
civil or police, public officials and other persons who may
be involved in the custody, interrogation or treatment of
those subjected to any form of arrest, detention or imprisonment.
Furthermore, these instructions have been issued by the central
authority to district level administrative and police offices.

8.
A system of prompt and impartial investigation has been regularized
by the Government whenever or wherever there is reasonable
ground to believe that an act of torture has been committed
at any place. Similarly, if a complaint is received from a
person or group, the case is promptly examined through judicial,
semi-judicial or administrative panels of inquiry.